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A Birth Trauma Attorney Can Help You File a ClaimA medical mistake during childbirth could have long-term consequences for your family. A birth trauma lawyer can submit a claim and negotiate an insurance settlement for you with the hospital or doctor responsible.These funds can be used to provide the treatment, therapies and medications your child will need throughout their lives. This could also help alleviate the financial burden of caring for a child who has suffered injuries.Birth Injury PreventionThe medical specialists who treat a woman during pregnancy and childbirth can make mistakes that can lead to birth injuries. accidentinjurylawyers.claims of these injuries are unavoidable however, others could have been prevented if the physician or hospital had taken the proper precautions when treating the mother or child.Cerebral Palsy and Erb’s Palsy can result in permanent disabilities. These conditions impact the motor skills of a child and may be attributed to a number of causes, including infections, uterine trauma, or mismanaged labor and birth.Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries can be prevented if doctors keep an eye on the cervix throughout pregnancy and take the appropriate steps to avoid complications resulting from preterm labor.A medical error at birth can cause cerebral palsy and brain damage in newborns. These injuries are usually caused by a doctor failing to recognize the signs of an emergency, or not performing a cesarean when there is distress in the fetus or vaginal problems are present.Other birth injuries could be caused by the use of tools that aid in the birth process, such as forceps or vacuum extractors. These tools are safe when used correctly. However should a doctor make a mistake using these tools, they can cause serious facial or scalp injuries.Another kind of preventable birth injury involves the tear of the brachial plexus in a newborn’s birth which are nerves that control arm and hand movement. These injuries can be caused by excessive pulling or stretching during labor. The disabilities that result can range from temporary paralysis up to total disability.Families with disabilities such as these have to pay for significant costs throughout their lifetime. This includes continuing therapy and medications and adaptive equipment like walkers or wheelchairs, special accommodations, and so on. A legal claim cannot change the outcome of an injury, but it can help families get the assistance they require and motivate health care workers to improve safety practices during childbirth.A skilled California birth trauma lawyer can help families in filing a medical negligence claim to recover compensation for their losses. These claims can compensate a family for the cost of a child’s long-term care and other damages.Medical MalpracticeIf a medical error causes an injury to the birth, the parents of the child might feel that their future was stolen from them. The parents are often faced with mounting medical bills as well as emotional trauma, and the stress of caring for their child. A successful medical malpractice suit can provide financial relief for families, allowing them to focus on their child’s health and recovery.A medical malpractice case is one that asserts that a hospital, doctor or other healthcare provider breached their duty of care. In the case of birth injuries this means that a physician or nurse committed an act of negligence prior to, during, or after birth that caused injury to the mother or baby.A skilled birth trauma attorney will examine the facts of your case to determine if there was a breach of duty of care. The attorney will determine the accountable parties and their policies. This requires accessing medical records, seeking expert opinions and identifying the policies, procedures, and violations that occurred during pregnancy and delivery. A reputable law firm for birth injuries will likely have databases of medical information, and staff with experience including doctors and nurse case managers.The legal team will gather proof to prove that the medical providers did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also prepare an extensive damages report for the jury to see how the injuries have impacted you and your family. Damages include economic losses like the cost for life of care and noneconomic losses, like pain and suffering.A top-rated birth injury lawyer will negotiate with insurers on your behalf and fight for an equitable settlement for your family. If no settlement is reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict can bring your family the financial compensation they require to pay for the medical treatment of your child and equipment, therapies and even modifications to their vehicle and home. It can also help cover the cost of your child’s care throughout their life.CompensationThe birth of a child can be a difficult and stressful experience for parents. If a child gets injured during delivery due to medical negligence or error it could be more difficult. Fortunately parents are able to sue at-fault doctors and hospitals for the damages they suffer. The money can be used to pay for future costs of care, treatment and equipment.A birth injury lawyer will examine your case to determine if the injuries were the result of medical malpractice. In order to win compensation, your lawyer must prove that the doctor’s actions prior to, during and after the birth of your child violated the accepted standards of professional care. This is usually done by looking over medical records and seeking expert opinions.A variety of birth injuries can lead to long-term health problems that can change your life. Depending on the extent of your child’s injuries they could require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will take into account the estimated needs of your child’s medical treatment over their lifetime and seek compensation to cover all these expenses.You may also receive compensation for losses that are not economic, like emotional distress. These damages are harder to prove, but an attorney can rely on medical experts to assess the damage and determine an amount that is reasonable to compensate you for the harm.The majority of medical malpractice cases are settled out of court, as the trial process can be stressful, emotionally draining and risky for the plaintiffs. The jury can easily be biased against hospitals and doctors in these cases, which is why it is usually more effective to settle outside of court.A lawyer for birth trauma can assist you in understanding the statute of limitations in your state and make sure that you meet these deadlines. He or she can also advise you on how to find medical specialists in your area that can assist you in proving your case. Many birth trauma lawyers work for national law firms with offices all over the country. They can manage cases from several states.Time LimitsThe statute of limitations is the same as in most lawsuits that involve medical malpractice. If the victim and family do not meet the deadline, they forfeit their right to compensation. A birth trauma lawyer can help victims and their families as well as the court understand and abide with the statutes of limitation to avoid losing financial recovery.The timelines for a birth injury claim differ from state to state and are difficult to determine. Generally speaking, victims have two years to file a malpractice lawsuit from the date of the injury. However, this is often extended for minors if they are not able to file an action before the age of 18.For instances where injuries aren’t immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions such as cerebral palsy, the timeframe can be longer. This is due to the fact that these conditions can take weeks or even years to appear. It is crucial to speak with an experienced lawyer immediately in a birth injury claim.Some states also require notice of the lawsuit to be provided to the health care providers who are defendants within a set time frame that can also impact the time limit. A different statute of limitations could also apply in the event that the health care provider is a public entity or an employee of an agency of the government.Medical malpractice lawsuits can be filed at the county court where the negligence occurred. The plaintiffs are parents and their doctors, hospitals and any other medical professionals are the defendants. The lawsuit will be assigned a number and a date for the trial once it is filed.Some birth injury cases are settled prior to trial. Others go to the jury. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical negligence and obtain fair compensation for the victims. While no amount of money will compensate a victim for their injury, the funds received through a successful lawsuit could help alleviate some of the financial burdens associated with the care and treatment of a child injured or mother.